May v. Dimick
Supreme Court of Alabama
Appeal from Circuit Court, Greene County; R. I. Jones, Judge. Bill by Mrs. S. J. Dimick against Mary E. and M. H. May, to foreclose a mortgage. Decree pro confesso for complainant, which the court refused to set aside, and defendants appeal. Under the showing made, the respondents were entitled as a matter of right to have the decree pro confesso set aside and file answer. Section 3167, Code 1907; Sims, Chan.
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Appeal from Circuit Court, Greene County; R. I. Jones, Judge. Bill by Mrs. S. J. Dimick against Mary E. and M. H. May, to foreclose a mortgage. Decree pro confesso for complainant, which the court refused to set aside, and defendants appeal. Under the showing made, the respondents were entitled as a matter of right to have the decree pro confesso set aside and file answer. Section 3167, Code 1907; Sims, Chan. Prac. § 376. If not a matter of right, it was an abuse of discretion to refuse the request. Authorities supra. The answer as filed would have been of, no avail, and could not have been…
1Opinion of the CourtThomas, J.
The question for decision is the effect of the statute upon appellants’ right to have a decree pro confesso taken against them set aside before “publication of the testimony,” upon the proper application, and upon such terms as the chancellor deems proper, not to extend beyond full costs.
Appellants, as defendants below, having been served with a summons, moved the court that the decree pro confesso against them in said cause be set aside for the purpose of filing answer, on grounds stated as follows:
“(1) That said bill in the above-entitled cause was filed on the 14th day of April, 1919, and…
2Cases cited7 opinions
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Jordan v. JordanSupreme Court of Alabama · 1850
- Weakley v. HenrySupreme Court of Alabama · 1920
- Pickering v. Townsend & BrownSupreme Court of Alabama · 1897
- Smith v. HillSupreme Court of Alabama · 1910
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3Cited by3 opinions
- Ex parte HelblingSupreme Court of Alabama · 1965
- Sexton v. HarperSupreme Court of Alabama · 1924
- National City Bank v. BarretSupreme Court of Alabama · 1925